Social Media Laws in Wisconsin (2026): Your Privacy and Protection Guide
Most people don’t realize how many social media laws Wisconsin actually has. Seriously. The state has rules protecting your privacy from employers, laws about AI in political ads, and proposed regulations for minors online. Let’s break down exactly what you need to know.
Social media is basically everywhere now. You use it for work, friends, family, and staying informed. But with all that use comes some important legal protections and restrictions. Wisconsin has been pretty active in regulating social media over the past few years.
What Are Social Media Laws?
Social media laws are rules that govern how platforms, employers, schools, and political campaigns can use social networking sites. These laws protect your privacy. They also set boundaries for how others can access your accounts. Some laws focus on keeping kids safe online.
Wisconsin defines social media platforms pretty broadly. They’re talking about Facebook, Instagram, Twitter (now X), TikTok, LinkedIn, and similar sites. Basically, any online service where you create a profile, post content, and interact with others counts.
Employer Access to Your Social Media: The Big Protection
Here’s the most important law for working people. Wisconsin has strict rules about what your boss can and cannot do with your personal social media accounts.
What Employers Cannot Do
Your employer cannot ask for your passwords. They can’t require you to log into your personal accounts in front of them. They also can’t demand that you friend or follow them on your private accounts. Pretty straightforward, right?
This law went into effect in 2014. It’s called the Wisconsin Social Media Protection Act. The law applies to almost all employers in the state.
Your boss also can’t fire you for refusing to share this information. They can’t refuse to hire you either. The law protects you from discrimination if you stand up for these rights.
What Employers CAN Do
Hold on, there are some exceptions you need to know about.
Employers can require access to company-owned devices. If they gave you a laptop or phone for work, they can ask for those passwords. Makes sense, right? It’s their equipment.
They can also access accounts that they created for you. For instance, if your company set up a LinkedIn account for you to use for business, they can require access to that.
Your employer can view anything you post publicly. If your Twitter is set to public, they can look at it. They just can’t demand your password to see private posts.
They can investigate if they have reasonable cause. If they believe you transferred company secrets to your personal account, they can require you to show them. Same goes if they think you violated workplace rules or laws.
Employers can restrict what websites you visit on company time. They can monitor your internet use while you’re using their network. That’s totally legal.
How This Law Protects You
The Wisconsin Department of Workforce Development enforces this law. If your employer violates it, they face fines up to $1,000. You can also file a complaint and potentially get back pay if you were fired.
Honestly, this is one of the stronger privacy protections in the country. Not all states have laws like this. Wisconsin employees are actually pretty lucky.
AI and Political Ads: The Deepfake Disclosure Law
Wisconsin passed a groundbreaking law in 2024 about artificial intelligence in political ads. This one’s important for election integrity.
What the Law Requires
Any political ad that uses AI-generated content must include a disclaimer. If it’s a video ad, the words “This content generated by AI” must appear on screen throughout the duration. The exact wording changes slightly depending on whether it’s audio-only, video-only, or both.
Audio ads need to say “Contains content generated by AI” at both the beginning and end.
This applies to any ad paid for by candidates, political parties, PACs, or similar groups. It covers both regular campaign ads and issue advocacy ads.
Penalties for Violations
Breaking this law can cost you $1,000 per violation. That adds up fast if you’re running multiple ads. The Wisconsin Ethics Commission enforces these rules.
Wait, it gets better. Social media platforms themselves can’t be held liable for hosting these ads. The responsibility falls on the campaign or group that created the ad.
Why This Law Exists
Deepfakes are getting scary good. AI can now create videos of people saying things they never said. During the 2024 presidential primary, some campaigns already tested this technology.
Wisconsin lawmakers wanted transparency. They didn’t ban AI in ads. They just require campaigns to be honest about using it. Voters deserve to know what’s real and what’s artificial.
Proposed Laws for Minors on Social Media
Wisconsin has been trying to pass laws protecting kids online. So far, none have become law, but several bills are in the works.
What Proposed Bills Would Do
One major proposal would require age verification on social media platforms. Companies would need to check if users are under 18. For minor accounts, platforms would need parental consent before creating the account.
The proposed law would also create a curfew. Kids under 18 couldn’t use social media between 10 p.m. and 7 a.m. Parents could opt out of this restriction if they wanted.
Youth accounts would get special privacy protections. No targeted advertising. Limited direct messaging from strangers. The most private default settings possible.
Parents would get full access to their child’s account. They could monitor posts and messages. They could also terminate the account at any time.
Status of These Proposals
These bills haven’t passed yet. They’ve been introduced multiple times since 2023. Similar laws in other states have faced constitutional challenges.
The ACLU has concerns about age verification requirements. They worry about privacy and free speech issues. Courts in Arkansas and Ohio have blocked similar laws.
Not sure what will happen? Me neither. This is still actively being debated in the state legislature.
Potential Penalties
If these laws pass, social media platforms could face $100 fines per day for each account in violation. That could add up to millions for large platforms.
Individual users or parents could also sue platforms for damages. The proposed laws create a private right of action.
School and Landlord Protections
The social media privacy law doesn’t just protect you from employers. It also covers educational institutions and landlords.
Schools can’t require students to hand over social media passwords. The same basic rules apply. They can’t demand access to private accounts as a condition of admission or continued enrollment.
Landlords face similar restrictions. They cannot require you to give them your social media login information as part of a rental application.
These protections mirror what employers face. Same enforcement mechanism through the Department of Workforce Development.
Mental Health Warnings: Another Proposal
Wisconsin has considered requiring mental health warning labels on social media platforms. This bill is still pending.
The proposed law would require platforms to display warnings about potential mental health impacts. Think of it like the warnings on cigarette packages. The warnings would need to appear when users log in.
The Department of Health Services would develop the specific language for these warnings. They’d base it on current research about social media and mental health.
How to Protect Your Rights
Want to make sure you’re protected? Here’s what you should do.
Know your rights under the Social Media Protection Act. Your employer cannot demand your personal account passwords. Period. If they ask, you can refuse.
Document everything if you have issues. Save emails or messages where someone requests your social media access. This helps if you need to file a complaint later.
Set your personal accounts to private. This is just smart practice anyway. Public posts don’t get the same protections.
Separate work and personal accounts. Use your work email only for professional networking. Keep your personal life on separate accounts with different email addresses.
Report violations to the Wisconsin Department of Workforce Development. They take these complaints seriously. You can file online or by phone.
What About Public Officials and Social Media?
This gets complicated. Public officials’ social media accounts might be subject to different rules.
If a government official uses social media in their official capacity, those posts might be public records. Comments on official pages might be protected speech under the First Amendment.
Wisconsin courts have dealt with cases about when officials can delete comments. Generally, they need to be viewpoint-neutral if they moderate comments.
A 2022 case involving UW-Madison’s Facebook and Instagram pages established some precedent. The court said the university could remove off-topic comments.
This area of law is still developing. The U.S. Supreme Court has addressed some aspects but hasn’t fully resolved all the questions.
Comparing Wisconsin to Other States
Wisconsin is actually ahead of many states on social media privacy. Only about half of U.S. states have employer social media password laws.
The AI disclosure law for political ads? Wisconsin was one of the first states to pass that type of legislation. Only a handful of states had similar laws when Wisconsin enacted its version in 2024.
On youth social media restrictions, Wisconsin is trying to catch up. Eight states have already passed laws requiring parental consent for minors. Wisconsin’s proposals would put it in that group if they pass.
Staying Informed About Changes
Social media law is evolving fast. Literally. New proposals come up every legislative session.
You can track bills on the Wisconsin Legislature’s website. They list all pending legislation. You can search for terms like “social media” or “social networking.”
The Wisconsin Ethics Commission publishes guidance on political advertising rules. Check their website for the latest on AI disclosure requirements.
Follow news from the Department of Workforce Development. They announce enforcement actions and provide resources about employee rights.
Frequently Asked Questions
Can my employer look at my public Facebook posts when deciding whether to hire me?
Yes, employers can view any information that’s publicly available. The law only protects private accounts that require passwords to access.
What if my boss asks for my password but says it’s just for an investigation?
They still can’t ask for your actual password. Even during investigations, they can only ask you to show them specific content. The password itself stays private.
Do these laws apply to small businesses or just big companies?
The Social Media Protection Act applies to any employer with at least one employee. Size doesn’t matter. Even tiny businesses must follow these rules.
If I post something bad about my company, can I get fired?
It depends. Posting false information or sharing company secrets can get you fired. But complaining about working conditions might be protected speech. Talk to an employment lawyer if you’re in this situation.
Will the youth social media laws definitely pass?
Nobody knows for sure. They’ve been proposed multiple times without passing. Similar laws in other states have faced court challenges. It’s still up in the air.
Final Thoughts
Wisconsin takes social media privacy seriously. The employer password protection law gives you real rights. The AI disclosure law promotes election transparency. Proposed youth protection laws show the state is thinking about online safety.
Know your rights. Your employer can’t demand your personal account passwords. Political ads using AI must disclose it. These protections exist to help you.
Stay informed about proposed changes. Social media law evolves quickly. What’s true today might change next year.
When in doubt, ask questions. Contact the Department of Workforce Development if you think your rights were violated. Consult a lawyer for specific legal advice about your situation.
Now you know the basics of Wisconsin’s social media laws. Keep this information handy. Share it with friends who might not know their rights. The more people understand these protections, the better they work.
References
- Wisconsin Department of Workforce Development – Social Media Law. https://dwd.wisconsin.gov/er/civilrights/discrimination/socialmedia.htm
- Wisconsin Statute 995.55 – Social Media Protection Act. https://docs.legis.wisconsin.gov/statutes/statutes/995/55
- Wisconsin Statute 11.1303(2m) – AI Disclosure Requirements in Political Ads. https://docs.legis.wisconsin.gov/statutes/statutes/11/XIII/1303
- Wisconsin Legislature Bill AB963 – Social Media Accounts for Minors (Proposed). https://docs.legis.wisconsin.gov/2025/related/proposals/ab963
- Wisconsin Ethics Commission – Campaign Finance and Lobbying Regulations. https://ethics.wi.gov